City Council Meeting
Regular MeetingSioux Falls, SD · April 20, 2021
Minutes
MINUTES
City Council Meeting
Tuesday, April 20, 2021 at 6:00 PM
Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104
CALL TO ORDER
1. MEETING ROLL CALL
Present: Council Member Alex Jensen, Council Member Rick Kiley, Council Member
Greg Neitzert, Council Member Marshall Selberg, Council Member Curt Soehl, Council
Member Pat Starr, Council Member Janet Brekke, Council Member Christine M.
Erickson, Mayor Paul TenHaken
Absent: None
2. INVOCATION
Pastor Erica Varcoe, The Table Ministry
3. PLEDGE OF ALLEGIANCE
4. AWARDS & RECOGNITIONS
SIOUXPERHERO Citizen Recognition Award: Alisha Bell
CONSENT AGENDA
5. APPROVAL OF THE CONSENT AGENDA
A motion was made by Council Member Selberg and seconded by Council Member
Kiley to approve the Consent Agenda.
Roll call vote to approve. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke,
Erickson; 0 No: (None). Motion Passed.
6. APPROVAL OF MINUTES
Informational Meeting of Tuesday, April 13, 2021
City Council Meeting of Tuesday, April 13, 2021
COMMUNICATIONS
7. Approval of contracts/agreements on the memorandum dated April 16, 2021.
8. Report of Requests for Quotes for Fuel dated: April 8, 2021: Unleaded (8,000 Gallons).
The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon
Contract Number 17432, the awarded contractor is Vollan Oil, price paid is Unleaded
$2.2243.
APPLICATIONS
9. Centennial Homes, 912 N. Scotland Pl., Parcel #86156, for 2020 property taxes in the
amount of $720.00. Reason: They are requesting an abatement for an overpayment of
$720.00 and the abated amount should be sent back to Centennial Homes.
10. Sioux Falls School District, 526 N. Fairfax Ave., Parcel #29804, for 2020 property taxes
in the amount of $86.05. Reason: The property is exempt from the tax.
11. Special One-Day Malt Beverage Licenses and Special One-Day Wine Licenses for
Interstate House of Pancakes Inc., to be operated at the Old Courthouse Museum, 200
West 6th Street, for weddings on May 15 and September 3, 2021.
12. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South
Main Avenue, for wedding receptions on May 4 and 22, 2021.
13. Special One-Day Liquor License for Washington Pavilion Management Inc., to be
operated at Orpheum Theater Center, 315 North Phillips Avenue, for an awards
reception on May 20, 2021.
14. Various Retail Malt Beverage renewals for 2021-2022 to be operated at various
locations in the City of Sioux Falls, SD, identified as Exhibit A.
NOTICE OF HEARINGS
15. Set a date of hearing for Tuesday, May 4, 2021. New 2021-22 Retail Malt
Beverage/SD Farm Wine License for MG Oil Company, Corner Pantry 23 Casino, 4209
West 12th Street (CUP not required).
16. Set a date of hearing for Tuesday, May 4, 2021. Request to add video lottery
terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for MG Oil
Company, Corner Pantry 23 Casino, 4209 West 12th Street.
17. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Liquor License for
Sioux Falls Area Community Foundation to be operated at First Premier Bank, 500
South Minnesota Avenue, for a fundraiser on May 6, 2021.
18. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Malt Beverage
License for Falls Area Single Track to be operated at the Great Outdoor Store, 201 East
10th Street, for a fundraiser on May 22, 2021.
19. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Malt Beverage
License for Fernson Brewing Company to be operated at Great Outdoor Store, 201 East
10th Street, for a Gear & Beer event on May 22, 2021.
20. Set a date of hearing for Tuesday, May 4, 2021. Special One Day Malt Beverage
License and Special One-Day Wine License for Downtown Sioux Falls Inc., to be
operated at 8th & Railroad Centre parking lot, 401 East 8th Street, for an East Bank
block party on June 4, 2021.
21. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Liquor License for
Red Rock Bar & Grill Inc. to be operated at 4800 North Career Avenue, for
Porkapalooza on June 4 & 5, 2021.
22. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Liquor License for
TNT Entertainment to be operated at Albert House Parking Lot, 337 North Phillips
Avenue, for a concert on July 16, 2021.
REGULAR AGENDA
23. APPROVAL OF THE REGULAR AGENDA
A motion was made by Council Member Neitzert and seconded by Council Member
Erickson to approve the Regular Agenda.
A motion was made by Council Member Neitzert and seconded by Council Member
Erickson to amend by placing Item 51 after Item 36 and to delete the Mayor as sponsor
for Item 43, replacing with "Private Applicant: 41Six, LLC (Brady Hyde)".
Roll call vote to amend. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke,
Erickson; 0 No: (None). Motion Passed.
Roll call vote to approve, as amended. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl,
Starr, Brekke, Erickson; 0 No: (None). Motion Passed.
UNFINISHED BUSINESS
24. New 2021 Retail Wine & Cider License for Da Clique Sports Bar & Grill LLC, 114 North
Indiana Avenue, with Conditional Use Permit (13338-2020) being approved on
December 2, 2020.
25. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Myrmoe Enterprises Inc.,
Casino 26, 3301 East 26th Street (CUP not required).
26. Request to add video lottery terminals with the new 2020-21 Retail Malt Beverage/SD
Farm Wine License for Myrmoe Enterprises Inc., Casino 26, 3301 East 26th Street.
27. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License from Poke Picks SD
LLC, 323 South Phillips Ave, Suite B, to Fancy Bowl LLC, 323 South Phillips Avenue,
Suite B (CUP not required).
28. New 2021 Retail Restaurant On-Sale Liquor License for Interstate House of Pancakes
Inc., Tre Lounge, 601 West 33rd Street (CUP not required).
29. New 2021 Retail Wine & Cider License for Interstate House of Pancakes Inc., Tre
Lounge, 601 West 33rd Street (CUP not required).
30. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Interstate House of
Pancakes Inc., Tre Lounge, 601 West 33rd Street (CUP not required).
31. Special One-Day Malt Beverage License and Special One-Day Wine License for the
Sioux Falls Area Community Foundation to be operated at First Premier Bank, 500
South Minnesota Avenue, for a fundraiser on May 6, 2021.
A motion was made by Council Member Jensen and seconded by Council Member
Brekke to withdraw Agenda Item 31.
Roll call vote to withdraw. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke,
Erickson; 0 No: (None). Motion Passed.
32. Special One-Day Malt Beverage License for Friends of the Big Sioux River to be
operated at Cherapa Place east parking lot, 300 Cherapa Place, for the 605 Summer
Classic on June 19, 2021.
33. Special One-Day Wine License for the Zoological Society to be operated at the Great
Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for special events on May
6 and 8, 2021.
34. Special One-Day Liquor Licenses for T Slat Inc., JJ’s Wine, Spirits & Cigars, to be
operated at the Sanford Event Barn, 2510 East 54th Street North, for wedding
receptions on May 1, 8 and 29, 2021.
35. Special One-Day Liquor License for T Slat Inc., JJ’s Wine, Spirits & Cigars to be
operated at Open Space, 6212 South Pinnacle Place, for a wedding reception on May
21, 2021.
A motion was made by Council Member Kiley and seconded by Council Member
Jensen to approve Agenda Items 24 through 30 and 32 through 35.
Roll call vote to approve. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke,
Erickson; 0 No: (None). Motion Passed.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING
SUPPLEMENTAL APPROPRIATIONS. (General - Transfers to Sales/Use Tax Fund,
$10,650,000; Parks, $6,650,000; Highway and Streets, $4,000,000; Health, $500,000)
Sponsor: Mayor
A motion was made by Council Member Erickson and seconded by Council Member
Jensen to adopt Ordinance No. 40-21.
Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke,
Erickson; 0 No: (None). Motion Passed.
Agenda Item 51 was heard at this time. See item for action taken.
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO “A CONDITIONAL GIFTING AND NAMING
AGREEMENT FOR A FUTURE CASH GIFT FOR THE REDEVELOPMENT OF A
PORTION OF FALLS PARK” BETWEEN THE CITY OF SIOUX FALLS AND THE
SIOUX FALLS AREA COMMUNITY FOUNDATION.
Sponsor: Mayor
A motion was made by Council Member Kiley and seconded by Council Member
Brekke to adopt Ordinance No. 41-21.
Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke,
Erickson; 0 No: (None). Motion Passed.
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING
SUPPLEMENTAL APPROPRIATIONS TO FUND THE PARKS AND RECREATION
AQUATICS PROGRAM. (Parks, $250,000)
Sponsor: Mayor
A motion was made by Council Member Kiley and seconded by Council Member
Jensen to adopt Ordinance No. 42-21.
Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke,
Erickson; 0 No: (None). Motion Passed.
39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO AGREEMENT FOR USE OF PUBLIC PARKING
FACILITIES WITH SIOUX FALLS II FGF, LLC.
Sponsor: Mayor
A motion was made by Council Member Neitzert and seconded by Council Member
Kiley to adopt Ordinance No. 43-21.
Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke,
Erickson; 0 No: (None). Motion Passed.
ORDINANCE FIRST READINGS
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 1200-1202 E. 6TH ST. FROM THE RT-1 SINGLE-FAMILY
RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 13884-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Brandon Ness
A motion was made by Council Member Selberg and seconded by Council Member
Brekke to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 40.
Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg,
Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed.
41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 5800 E. 26TH ST. FROM THE O OFFICE DISTRICT TO
THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 13886-2021, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning
Commission recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble
A motion was made by Council Member Selberg and seconded by Council Member
Neitzert to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 41.
Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg,
Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed.
42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 1308 E. DIKE DR. FROM THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL
DISTRICT, NO. 13945-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): RCM Services Inc. – Paul Reynolds
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 42.
Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg,
Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed.
43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. 41ST ST. AND EAST OF S. SIX MILE RD.
FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK, RD-2
TOWNHOME RESIDENTIAL—SUBURBAN, AND RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICTS, NO. 13946-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (6-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): 41Six, LLC – Brady Hyde
A motion was made by Council Member Selberg and seconded by Council Member
Jensen to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 43.
Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg,
Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed.
44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 915, 921, AND 923 N. BLAUVELT AVE. FROM THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 13964-2021, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (6-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Affordable Housing Solutions – Brent Tucker
A motion was made by Council Member Selberg and seconded by Council Member
Kiley to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 44.
Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg,
Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed.
45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 316 N. WESTERN AVE. FROM THE RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE S-1 GENERAL
INSTITUTIONAL DISTRICT, NO. 13983-2021, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Veterans Community Project - Ben Hendershot
A motion was made by Council Member Kiley and seconded by Council Member
Brekke to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 45.
Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg,
Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed.
46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 617 E. 29TH ST. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 14012-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Brook Van Gundy
A motion was made by Council Member Neitzert and seconded by Council Member
Erickson to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 46.
Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg,
Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed.
47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 800 S. EBENEZER AVE. FROM THE C-4 COMMERCIAL—
REGIONAL DISTRICT TO THE MH MANUFACTURED RESIDENTIAL HOUSING
DISTRICT, NO. 14019-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Marion Community MHP LLC – Graham Belchers
A motion was made by Council Member Neitzert and seconded by Council Member
Erickson to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 47.
Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg,
Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed.
48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF W. BENSON RD. AND WEST OF N. MARION RD.
FROM THE PO-PUD PEDESTRIAN-ORIENTED PUD DISTRICT TO THE RA-1
APARTMENT RESIDENTIAL—LOW DENSITY AND RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICTS, NO. 14007-2021, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (5-0) with the following condition(s): 1)
Require one evergreen tree every 40' with a deciduous tree between each evergreen
tree along the NW property line that abuts the RD-1, Twin Home/Duplex Residential-
Suburban District.
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Cresten Capital Holdings – Erica Mullaly
A motion was made by Council Member Selberg and seconded by Council Member
Neitzert to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 48.
Roll call vote to set a date of 2nd Reading. 7 Yes: Kiley, Neitzert, Selberg, Soehl, Starr,
Brekke, Erickson; 0 No: (None). Motion Passed. Jensen was excused from the
meeting and the vote on this item pursuant to City Ordinance 30.017.
49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO A MASTER LICENSE AGREEMENT BETWEEN THE
CITY OF SIOUX FALLS AND NEW CINGULAR WIRELESS PCS, LLC, D/B/A AT&T,
FOR THE INSTALLATION AND MAINTENANCE OF POLES AND SMALL CELL
EQUIPMENT IN CITY RIGHTS-OF-WAY.
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Sponsor: Mayor
A motion was made by Council Member Kiley and seconded by Council Member
Selberg to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 49.
Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg,
Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed.
50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 77: PARKING
REGULATIONS, SUBCHAPTER: PUBLIC PARKING ADVISORY BOARD.
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Sponsors: Council Members Kiley and Erickson
A motion was made by Council Member Kiley and seconded by Council Member
Erickson to set a date of 2nd Reading for Tuesday, May 4, 2021 for Item 50.
Roll call vote to set a date of 2nd Reading. 8 Yes: Jensen, Kiley, Neitzert, Selberg,
Soehl, Starr, Brekke, Erickson; 0 No: (None). Motion Passed.
HEARINGS AND RESOLUTIONS
51. A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM. (Public Works -
Highways and Streets; Parks and Recreation).
Sponsor: Mayor
A motion was made by Council Member Kiley and seconded by Council Member
Jensen to adopt Resolution No. 40-21.
Roll call vote to adopt. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke,
Erickson; 0 No: (None). Motion Passed.
RESOLUTION NO. 40-21
A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM.
BE IT RESOLVED BY THE CITY OF SIOUX FALLS, SD.
That the 2021–2025 Capital Program shall be amended as follows:
Public Works–Highways and Streets
Amend Capital Improvements Program Project No. 11006, Arterial Street
Improvements, by increasing the amount of funding for construction by $4,000,000 in
2021. The additional funding will require an increase in appropriations in the Sales/Use
Tax Fund that will be funded by a transfer from the General Fund Unobligated Fund
Balance.
Parks and Recreation
Amend Capital Improvements Program Project No. 14014, River Greenway
Improvements, by increasing the amount of funding by $1,000,000 for continuing
design of Phase III for the downtown river greenway in 2021. The additional funding will
require an increase in appropriations in the Sales/Use Tax Fund that will be funded by
a transfer from the General Fund Unobligated Fund Balance.
Amend Capital Improvements Program Project No. 14080, Neighborhood Park
Improvements, by increasing the amount of funding by $2,450,000 for design and
construction of Hayward Park Improvements in 2021. The additional funding will require
an increase in appropriations in the Sales/Use Tax Fund that will be funded by a
transfer from the General Fund Unobligated Fund Balance ($2,250,000) and
Contributions ($200,000).
Amend Capital Improvements Program Project No. 14026, Zoo Master Plan
Improvements by increasing the amount of funding by $8,100,000 for design and
construction in 2021. The additional funding will require an increase in appropriations in
the Sales/Use Tax Fund that will be funded by a transfer from the General Fund
Unobligated Fund Balance ($1,400,000) and Contributions ($6,700,000).
Amend Capital Improvements Program Project No. 14001, Falls Park Improvements,
by increasing the amount of funding by $4,000,000 for design and construction of a
skating ribbon and an inclusive playground in 2021. The additional funding will require
an increase in appropriations in the Sales/Use Tax Fund that will be funded by a
transfer from the General Fund Unobligated Fund Balance ($2,000,000) and
Contributions ($2,000,000).
Date adopted: 04/20/21 .
Paul TenHaken, Mayor
ATTEST:
Thomas Greco, City Clerk
NEW BUSINESS
There was none.
GENERAL PUBLIC INPUT
Emmett Reisdorfer spoke about his pedicab company to be operated downtown.
Catharine Riffle spoke about Homeless Coalition funds.
Mike Zitterich spoke about ways to manage the 2nd penny sales tax.
Sierra Broussard spoke about massage parlors.
ADJOURNMENT
A motion was made by Council Member Starr and seconded by Council Member
Erickson to adjourn at 8:33 p.m.
Voice vote to adjourn. 8 Yes: Jensen, Kiley, Neitzert, Selberg, Soehl, Starr, Brekke,
Erickson; 0 No: (None). Motion Passed.
Thomas M. Greco, City Clerk
Agenda
AGENDA
City Council Meeting
Tuesday, April 20, 2021 at 6:00 PM
Carnegie Town Hall, 235 West 10th St., Sioux Falls, South Dakota 57104
This meeting can be viewed live on CityLink or online at www.siouxfalls.org/council/view-meetings
CALL TO ORDER
1. MEETING ROLL CALL
Council Member Alex Jensen
Council Member Rick Kiley
Council Member Greg Neitzert
Council Member Marshall Selberg
Council Member Curt Soehl
Council Member Pat Starr
Council Member Janet Brekke
Council Member Christine M. Erickson
Mayor Paul TenHaken
2. INVOCATION
Pastor Erica Varcoe, The Table Ministry
3. PLEDGE OF ALLEGIANCE
4. AWARDS & RECOGNITIONS
SIOUXPERHERO Citizen Recognition Award: Alisha Bell
CONSENT AGENDA
5. APPROVAL OF THE CONSENT AGENDA
6. APPROVAL OF MINUTES
Informational Meeting of Tuesday, April 13, 2021
City Council Meeting of Tuesday, April 13, 2021
COMMUNICATIONS
7. Approval of contracts/agreements on the memorandum dated April 16, 2021.
8. Report of Requests for Quotes for Fuel dated: April 8, 2021: Unleaded (8,000 Gallons).
The City of Sioux Falls is purchasing off the State of South Dakota Fuels, Tankwagon
Contract Number 17432, the awarded contractor is Vollan Oil, price paid is Unleaded
$2.2243.
APPLICATIONS
9. Centennial Homes, 912 N. Scotland Pl., Parcel #86156, for 2020 property taxes in the
amount of $720.00. Reason: They are requesting an abatement for an overpayment of
$720.00 and the abated amount should be sent back to Centennial Homes.
10. Sioux Falls School District, 526 N. Fairfax Ave., Parcel #29804, for 2020 property taxes
in the amount of $86.05. Reason: The property is exempt from the tax.
11. Special One-Day Malt Beverage Licenses and Special One-Day Wine Licenses for
Interstate House of Pancakes Inc., to be operated at the Old Courthouse Museum, 200
West 6th Street, for weddings on May 15 and September 3, 2021.
12. Special One-Day Liquor Licenses for Washington Pavilion Management Inc., 301 South
Main Avenue, for wedding receptions on May 4 and 22, 2021.
13. Special One-Day Liquor License for Washington Pavilion Management Inc., to be
operated at Orpheum Theater Center, 315 North Phillips Avenue, for an awards
reception on May 20, 2021.
14. Various Retail Malt Beverage renewals for 2021-2022 to be operated at various
locations in the City of Sioux Falls, SD, identified as Exhibit A.
NOTICE OF HEARINGS
15. Set a date of hearing for Tuesday, May 4, 2021. New 2021-22 Retail Malt
Beverage/SD Farm Wine License for MG Oil Company, Corner Pantry 23 Casino, 4209
West 12th Street (CUP not required).
16. Set a date of hearing for Tuesday, May 4, 2021. Request to add video lottery
terminals with the New 2021-22 Retail Malt Beverage/SD Farm Wine License for MG Oil
Company, Corner Pantry 23 Casino, 4209 West 12th Street.
17. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Liquor License for
Sioux Falls Area Community Foundation to be operated at First Premier Bank, 500
South Minnesota Avenue, for a fundraiser on May 6, 2021.
18. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Malt Beverage
License for Falls Area Single Track to be operated at the Great Outdoor Store, 201 East
10th Street, for a fundraiser on May 22, 2021.
19. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Malt Beverage
License for Fernson Brewing Company to be operated at Great Outdoor Store, 201 East
10th Street, for a Gear & Beer event on May 22, 2021.
20. Set a date of hearing for Tuesday, May 4, 2021. Special One Day Malt Beverage
License and Special One-Day Wine License for Downtown Sioux Falls Inc., to be
operated at 8th & Railroad Centre parking lot, 401 East 8th Street, for an East Bank
block party on June 4, 2021.
21. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Liquor License for
Red Rock Bar & Grill Inc. to be operated at 4800 North Career Avenue, for
Porkapalooza on June 4 & 5, 2021.
22. Set a date of hearing for Tuesday, May 4, 2021. Special One-Day Liquor License for
TNT Entertainment to be operated at Albert House Parking Lot, 337 North Phillips
Avenue, for a concert on July 16, 2021.
REGULAR AGENDA
23. APPROVAL OF THE REGULAR AGENDA
UNFINISHED BUSINESS
24. New 2021 Retail Wine & Cider License for Da Clique Sports Bar & Grill LLC, 114 North
Indiana Avenue, with Conditional Use Permit (13338-2020) being approved on
December 2, 2020.
25. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Myrmoe Enterprises Inc.,
Casino 26, 3301 East 26th Street (CUP not required).
26. Request to add video lottery terminals with the new 2020-21 Retail Malt Beverage/SD
Farm Wine License for Myrmoe Enterprises Inc., Casino 26, 3301 East 26th Street.
27. Transfer of 2020-21 Retail Malt Beverage/SD Farm Wine License from Poke Picks SD
LLC, 323 South Phillips Ave, Suite B, to Fancy Bowl LLC, 323 South Phillips Avenue,
Suite B (CUP not required).
28. New 2021 Retail Restaurant On-Sale Liquor License for Interstate House of Pancakes
Inc., Tre Lounge, 601 West 33rd Street (CUP not required).
29. New 2021 Retail Wine & Cider License for Interstate House of Pancakes Inc., Tre
Lounge, 601 West 33rd Street (CUP not required).
30. New 2020-21 Retail Malt Beverage/SD Farm Wine License for Interstate House of
Pancakes Inc., Tre Lounge, 601 West 33rd Street (CUP not required).
31. Special One-Day Malt Beverage License and Special One-Day Wine License for the
Sioux Falls Area Community Foundation to be operated at First Premier Bank, 500
South Minnesota Avenue, for a fundraiser on May 6, 2021.
32. Special One-Day Malt Beverage License for Friends of the Big Sioux River to be
operated at Cherapa Place east parking lot, 300 Cherapa Place, for the 605 Summer
Classic on June 19, 2021.
33. Special One-Day Wine License for the Zoological Society to be operated at the Great
Plains Zoo & Delbridge Museum, 805 South Kiwanis Avenue, for special events on May
6 and 8, 2021.
34. Special One-Day Liquor Licenses for T Slat Inc., JJ’s Wine, Spirits & Cigars, to be
operated at the Sanford Event Barn, 2510 East 54th Street North, for wedding
receptions on May 1, 8 and 29, 2021.
35. Special One-Day Liquor License for T Slat Inc., JJ’s Wine, Spirits & Cigars to be
operated at Open Space, 6212 South Pinnacle Place, for a wedding reception on May
21, 2021.
INTRODUCTION AND ADOPTION OF ORDINANCES
ORDINANCE SECOND READINGS
36. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING
SUPPLEMENTAL APPROPRIATIONS. (General - Transfers to Sales/Use Tax Fund,
$10,650,000; Parks, $6,650,000; Highway and Streets, $4,000,000; Health, $500,000)
Sponsor: Mayor
37. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO “A CONDITIONAL GIFTING AND NAMING
AGREEMENT FOR A FUTURE CASH GIFT FOR THE REDEVELOPMENT OF A
PORTION OF FALLS PARK” BETWEEN THE CITY OF SIOUX FALLS AND THE
SIOUX FALLS AREA COMMUNITY FOUNDATION.
Sponsor: Mayor
38. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, PROVIDING
SUPPLEMENTAL APPROPRIATIONS TO FUND THE PARKS AND RECREATION
AQUATICS PROGRAM. (Parks, $250,000)
Sponsor: Mayor
39. 2nd Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO AGREEMENT FOR USE OF PUBLIC PARKING
FACILITIES WITH SIOUX FALLS II FGF, LLC.
Sponsor: Mayor
ORDINANCE FIRST READINGS
40. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 1200-1202 E. 6TH ST. FROM THE RT-1 SINGLE-FAMILY
RESIDENTIAL—TRADITIONAL DISTRICT TO THE RT-2 TOWNHOME
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 13884-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Brandon Ness
41. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 5800 E. 26TH ST. FROM THE O OFFICE DISTRICT TO
THE S-1 GENERAL INSTITUTIONAL DISTRICT, NO. 13886-2021, AND AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning
Commission recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Ehrhart Griffin & Associates – Damian Greble
42. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 1308 E. DIKE DR. FROM THE C-2 COMMERCIAL—
NEIGHBORHOOD AND STREETCAR DISTRICT TO THE I-1 LIGHT INDUSTRIAL
DISTRICT, NO. 13945-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): RCM Services Inc. – Paul Reynolds
43. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED SOUTH OF E. 41ST ST. AND EAST OF S. SIX MILE RD.
FROM THE AG AGRICULTURE DISTRICT TO THE LW LIVE-WORK, RD-2
TOWNHOME RESIDENTIAL—SUBURBAN, AND RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICTS, NO. 13946-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (6-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Sponsor: Mayor
44. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 915, 921, AND 923 N. BLAUVELT AVE. FROM THE RT-1
SINGLE-FAMILY RESIDENTIAL—TRADITIONAL DISTRICT TO THE RD-1 TWIN
HOME/DUPLEX RESIDENTIAL—SUBURBAN DISTRICT, NO. 13964-2021, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (6-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Affordable Housing Solutions – Brent Tucker
45. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 316 N. WESTERN AVE. FROM THE RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICT TO THE S-1 GENERAL
INSTITUTIONAL DISTRICT, NO. 13983-2021, AND AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Veterans Community Project - Ben Hendershot
46. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 617 E. 29TH ST. FROM THE RS SINGLE-FAMILY
RESIDENTIAL—SUBURBAN DISTRICT TO THE RT-1 SINGLE-FAMILY
RESIDENTIAL—TRADITIONAL DISTRICT, NO. 14012-2021, AND AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The Planning Commission
recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Brook Van Gundy
47. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED AT 800 S. EBENEZER AVE. FROM THE C-4 COMMERCIAL—
REGIONAL DISTRICT TO THE MH MANUFACTURED RESIDENTIAL HOUSING
DISTRICT, NO. 14019-2021, AND AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF SIOUX FALLS. The Planning Commission recommends approval (5-0).
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Marion Community MHP LLC – Graham Belchers
48. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, REZONING
PROPERTY LOCATED NORTH OF W. BENSON RD. AND WEST OF N. MARION RD.
FROM THE PO-PUD PEDESTRIAN-ORIENTED PUD DISTRICT TO THE RA-1
APARTMENT RESIDENTIAL—LOW DENSITY AND RA-2 APARTMENT
RESIDENTIAL—MODERATE DENSITY DISTRICTS, NO. 14007-2021, AND
AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF SIOUX FALLS. The
Planning Commission recommends approval (5-0) with the following condition(s): 1)
Require one evergreen tree every 40' with a deciduous tree between each evergreen
tree along the NW property line that abuts the RD-1, Twin Home/Duplex Residential-
Suburban District.
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Private Applicant(s): Cresten Capital Holdings – Erica Mullaly
49. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AUTHORIZING
THE MAYOR TO ENTER INTO A MASTER LICENSE AGREEMENT BETWEEN THE
CITY OF SIOUX FALLS AND NEW CINGULAR WIRELESS PCS, LLC, D/B/A AT&T,
FOR THE INSTALLATION AND MAINTENANCE OF POLES AND SMALL CELL
EQUIPMENT IN CITY RIGHTS-OF-WAY.
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Sponsor: Mayor
50. 1st Reading: AN ORDINANCE OF THE CITY OF SIOUX FALLS, SD, AMENDING THE
CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER 77: PARKING
REGULATIONS, SUBCHAPTER: PUBLIC PARKING ADVISORY BOARD.
Recommendation: Set a date of 2nd Reading for Tuesday, May 4, 2021.
Sponsors: Council Members Kiley and Erickson
HEARINGS AND RESOLUTIONS
51. A RESOLUTION AMENDING THE 2021–2025 CAPITAL PROGRAM. (Public Works -
Highways and Streets; Parks and Recreation).
Sponsor: Mayor
NEW BUSINESS
GENERAL PUBLIC INPUT
ADJOURNMENT
The City Council may include such other business as may come before this body.
UPON REQUEST, ACCOMMODATIONS FOR MEETINGS WILL BE PROVIDED FOR PERSONS WITH DISABILITIES. PLEASE
CONTACT THE CITY CLERK’S OFFICE AT (605) 367-8080 (VOICE) OR (605) 367-7039 (TDD) TWO (2) BUSINESS DAYS IN
ADVANCE OF THE MEETING.
WHEN THE CITY COUNCIL WILL ACT AS A DECISION-MAKER ON AN UPCOMING MATTER INVOLVING A LICENSE OR A
PERMIT, PERSONS ARE ENCOURAGED TO PROVIDE WRITTEN COMMENTS TO THE ENTIRE CITY COUNCIL OR TO
PROVIDE ORAL COMMENT AT THE PUBLIC MEETING WHEN THAT ITEM IS CONSIDERED BY THE ENTIRE CITY
COUNCIL. THOSE WHO PROVIDE COMMENTS IN ANY MANNER SHOULD UNDERSTAND THAT THEIR COMMENTS MAY
BECOME PART OF THE OFFICIAL RECORD AND SUBJECT TO REVIEW BY ALL PARTIES AND THE PUBLIC.
FOR REGULAR MEETINGS, PUBLIC INPUT IS TAKEN BOTH FOR ANY ITEM ON THE REGULAR AGENDA AND GENERALLY.
PERSONS PROVIDING INPUT FOR ANY ITEM ON THE REGULAR AGENDA ARE LIMITED TO THREE MINUTES, UNLESS
THE ITEM IS BEING PRESENTED FOR FINAL ADOPTION, IN WHICH CASE PUBLIC INPUT IS LIMITED TO FIVE MINUTES.
FOR ALL REGULAR AGENDA ITEMS, COMMENTS ARE LIMITED TO THE AGENDA ITEM UNDER CONSIDERATION ONLY.
DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, INPUT SHALL LAST NO MORE THAN THREE
MINUTES PER PERSON. DURING THE “GENERAL PUBLIC INPUT” PORTION OF THE MEETING, PERSONS WILL BE
LIMITED TO TOPICS WHICH DO NOT INVOLVE THOSE AGENDA ITEMS APPEARING EARLIER IN THE REGULAR AGENDA
AS PUBLIC INPUT SHALL BE RECEIVED WHEN THAT AGENDA ITEM IS UP FOR DISCUSSION.
PER COUNCIL POLICY: THE CHAIR RESERVES THE RIGHT TO LIMIT THE NUMBER OF SPEAKERS DURING ANY AGENDA
ITEM FOLLOWING ONE HOUR OF TESTIMONY, BUT MAY BE OVERRIDDEN BY A MAJORITY VOTE OF THE CITY COUNCIL;
AND, DURING A SPECIAL MEETING OF THE CITY COUNCIL, PUBLIC INPUT WILL ONLY BE ALLOWED FOR THE AGENDA
ITEM AFTER THE STAFF PRESENTATION, BUT BEFORE CITY COUNCIL DISCUSSION AND VOTING. EACH SPEAKER WILL
BE ALLOWED UP TO FIVE MINUTES.
MEETINGS ARE BROADCAST LIVE AND RECORDED. GO TO WWW.SIOUXFALLS.ORG FOR MORE INFORMATION.
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